The question of criminal liability of commercial companies under international law
The question of criminal liability of commercial companies under international law

Author(s): Sharique Ali Khan, Hamad Majed Alowaishiq
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: criminal liability of companies; international law; Rome Statute of the International Criminal Court; legal persons; crimes of atrocity; Special Tribunal for Lebanon;
Summary/Abstract: The absence of criminal liability of companies under international law has created a well-documented accountability gap. Some multinational companies, in their pursuit of profit motives, make decisions that lead to criminal conduct. The United Nations Framework of Analysis for Atrocity Crimes shows an increase in the involvement of mul- tinational companies in crimes of atrocity. The current international legal framework and the Rome Statute of the International Criminal Court pose a challenge in the prosecution of these companies as it does not recognise legal persons. However, the breakthrough comes from a decision to assert jurisdiction over legal persons by the Appeals Panel of the Special Tribunal for Lebanon. Even though the scope of this decision is limited, it is still a substantial shift in how the criminal liability of companies is perceived in international law. This paper analyses these recent developments and highlights possible solutions to end the accountability gap.

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